Coutts & al. against Erskine.

The Answer of David Erskine of Dun Esquire, One
of the Senators of the College of Justice, to the Appeal of
the Provost and other Magistrates and Common Council
of the Borough of Montrose, &c. was brought in:

Mackenzie against M. of Powis & al.

As was also, the Answer of William Marquis of Powis,
to the Appeal of George Mackenzie Esquire:

And likewise, the Answer of Robert Garden, to the
same Appeal.

Service on Wood's Clerk in Court to be good.

A Petition of Robert Moore Esquire and others, was
presented, and read; setting forth, "That Henry Byam
Wood, One of the Respondents to the Petitioners Appeal, has not put in his Answer thereunto, though
they have served his Clerk in Court with the Order
for that Purpose, not being able to find any Place of
Abode of the said Wood;" and praying, "That a
peremptory Day may be appointed, for him to answer."

Whereupon Edward Watson was called in; and attesting upon Oath, at the Bar, the Truth of the Allegations of the said Petition:

And being withdrawn:

Ordered, That the said Henry Byam Wood do put
in his Answer to the said Appeal on or before this Day
Sevennight; and that the Service of this Order on his
Clerk in Court be deemed good Service.

Sir D. Lever against Andrews.

A Petition of John Andrews Gentleman, Respondent
to the Appeal of Sir Darcy Lever Knight, was presented, and read; praying, "In regard his Solicitor
Mr. George Wilson had lately the Misfortune to dislocate his Ancle-bone, and so not at present able to
assist the Petitioner; that the hearing the said Appeal may be adjourned for a Fortnight, or such other
Time as the House shall think fit."

And thereupon Martin being called in, and
examined upon Oath at the Bar, as to the Allegations
of the said Petition:

And being withdrawn:

Ordered, That the hearing the said Cause be adjourned to Friday the 3d Day of March next.

D. of Kingston takes the Oaths.

Evelyn Duke of Kingston, at the Table, took the
Oaths, and made and subscribed the Declaration, and
also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Mackenzie against M. of Powis.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Mackenzie Esquire is Appellant, and William Marquis of
Powis and Robert Garaen Gentleman are Respondents:"

It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Friday the 24th Day
of this Instant February.

Keague to enter into Recognizance for the E. of Westmeath.

The House being moved, "That Francis Keague
Gentleman may be permitted to enter into a Recognizance for Thomas Earl of Westmeath, on account of
his Appeal depending in this House; he being in Ireland:"

It is Ordered, That the said Francis Keague may
enter into a Recognizance for the Appellant as desired.

De Gols & al. against Jones.

The Answer of Philip Jones, One of the Respondents
to the Appeal of Conrade de Gols Esquire and John Read,
Assignees of the Estate and Effects of John Ward, under a
Commission of Bankrupt awarded against him, was
brought in.

E. Burlington et al. Pet. referred to Judges.

Upon reading the Petition of Richard Earl of Burlington, Dorothy Countess of Burlington his Wife, Daniel Earl of Winchilsea and Nottingham, Charles Lord
Bruce, and John Finch Esquire; praying Leave to
bring in a Bill, for discharging the Town and Lands
of Killwinny, and other Lands in the Petition mentioned, in the several Counties of Waterford and Corke,
and the Liberties of the City of Corke, in the Kingdom
of Ireland, of the Yearly Value of Three Thousand
Three Hundred and Sixteen Pounds, from the several
Estates thereof limited; and for vesting the same in
Trustees, to be leased and sold, in the First Place for
satisfying Encumbrances affecting other Lands proposed
to be settled in Lieu thereof; and for other Purposes in
the Petition expressed:

It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Denton and Mr. Justice Comyns; with the usual Directions,
according to the Standing Order.

Percival to enter into Recognizance for Burke.

The House being moved, "That John Percival Gentleman may be permitted to enter into a Recognizance
for Gerald Burke Esquire, on account of his Appeal
depending in this House; he being in Ireland:"

It is Ordered, That the said John Percival may enter
into a Recognizance for the Appellant, as desired.

D. Bedford, Leave for a Bill:

After reading, and considering, the Report of the
Judges to whom was referred the Petition of John Duke
of Bedford; praying Leave to bring in a Private Bill:

It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1avice lecta est Billa, intituled, "An Act for
vesting divers Lands and Hereditaments, in the Counties
of Kent, Suffolk, Essex, Hereford, and Monmouth, and
the City of London, entailed by the Will of Elizabeth
late Dutchess of Bedford, in John Duke of Bedford,
in Fee Simple; and for settling other Estates, in the
Counties of Bucks and Hertford, of greater Value, to
the like Uses, in Lieu thereof."

Comyns & al. Pet. referred to Judges.

Upon reading the Petition of Thomas Commyns Esquire
and Dame Mary Tipping his Wife; praying Leave to
bring in a Bill, for Sale of certain Demesne Lands called
Lyndridge, and the Mansion-house thereon, and the
Park and other Lands intermixed with or adjoining
thereunto, instead of some other Estates directed to be
sold by a Decree in Chancery; and that the same, and
such Lands as shall be purchased with the Residue of the
Money arising by Sale of Lyndridge and the other
Estates desired to be sold, be settled to the same Uses as
those Estates at present stand limited:

It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Baron of the Court of Exchequer and Mr. Justice Commyns; with the usual Directions, according to the Standing Order.

De Gols et al. against Ward et al.

Counsel (according to Order) were called in, to be
heard, in the Cause wherein Conrade De Gols Esquire
and John Read Gentleman, Assignees under a Commission of Bankrupt awarded against John Ward late of
London Merchant, are Appellants, and Knox Ward Clarencieux King at Arms and Elizabeth his Wife and
others Respondents.

And the Appellants Counsel having been fully heard;

And some Proofs in the Cause read:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said
Cause be adjourned till To-morrow; and that the Judges
do attend this House, at the said further Hearing.

Malt Bill.

A Message was brought from the House of Commons,
by Sir Charles Turner and others:

With a Bill, intituled, "An Act for continuing the
Duties upon Malt, Mum, Cyder, and Perry, in that
Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum,
Cyder, and Perry, in that Part of Great Britain called
Scotland, for the Service of the Year One Thousand
Seven Hundred and Thirty-eight;" to which they defire the Concurrence of this House.

The said Bill was read the First Time.

D. Bedford's Bill.

Hodie 2avice lecta est Billa, intituled, "An Act for
vesting divers Lands and Hereditaments, in the Counties of Kent, Suffolk, Essex, Hereford, and Monmouth,
and the City of London, entailed by the Will of Elizabeth late Dutchess of Bedford, in John Duke of
Bedford, in Fee Simple; and for settling other Estates,
in the Counties of Bucks and Hertford, of greater Value, to the like Uses, in Lieu thereof."

Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet
on Monday the 6th Day of March next, at Ten a
Clock in the Forenoon, in the Prince's Lodgings
near the House of Peers; and to adjourn as they
please.

M. Annandale against E. and C. of Hoptoun.

Upon reading the Petition and Appeal of George Marquis of Annandale; complaining of Parts of Interlocutors, as well of the Lord Ordinary, as of the Lords of
Session in Scotland; particularly of an Interlocutor of the
Lord Ordinary of the 8th Day of this Instant February,
made on the Behalf of Charles Earl of Hoptoun and Sophia
Countess of Hoptoun his Wife; and praying, "That
the same may be reversed; and that the Petitioner
may have such Relief as to the House shall seem
meet:"

It is Ordered, That the said Earl and Countess of
Hoptoun may have a Copy of the said Appeal; and do
put in their Answer thereunto, in Writing, on or before
Friday the 17th Day of March next; and that Service of
this Order upon the said Earl and Countess's Counsel, or
Agent, in the Court below, be deemed good Service.

De Gols against Ward et al.:

Counsel (according to Order) were called in, to be
further heard, in the Cause wherein the Assignees, under
a Commission of Bankrupt awarded against John Ward
late of London, Merchant, are Appellants, and Knox
Ward and others are Respondents.

And the Respondents Counsel having been fully heard;

As likewise the Appellants Counsel, by Way of Reply:

They were directed to withdraw.

Ordered, That, on Monday next, the Judges do
again attend this House, to deliver their Opinions on the
following Question; (videlicet,)

Question to the Judges.

"Whether the Commission of Bankruptcy, issued on
the 20th of November 1730, against John Ward, on
the Petition of George Surtees, was good and valid in
Law?"

Jervoise & al. Petition referred to Judges.

Upon reading the Petition of Thomas Jervoise Esquire
and John Bampton Clerk, Canon Residentiary of the
Cathedral Church of Sarum; praying Leave to bring
in a Bill, for making effectual an Agreement for several
Exchanges of Part of the Petitioners respective Properties in certain Estates, lying in the Manor and Parish
of Stratford Toney, in the County of Wilts, in the Petition mentioned, for the Advantage of both Parties:

It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Denton and Mr. Justice Comyns; with the usual Directions,
according to the Standing Order.

Annesley, Leave for a Bill.

Upon reading the Petition of Francis Annesley
Esquire; praying Leave to bring in a Bill, to enable
the Petitioner, his Heirs and Assigns, and all claiming
under the last Will and Testament of Arthur late Earl
of Anglesey at any Time hereafter, to be at Liberty to
exemplify in the Court of Chancery the said Will, and
the Proceedings and Depositions of the Witnesses
taken in the said Court, for proving the same, and
now remaining as of Record in the same Court; and
that such Exemplification may be allowed, and read in
Evidence, at any Trial, or in any Suit, in any of the
Courts of Law and Equity in the Kingdoms of Great
Britain and Ireland:

It is Ordered, That Leave be given to bring in a
Bill, as desired.

Malt Bill.

Hodie 2avice lecta est Billa, intituled, "An Act for
continuing the Duties upon Malt, Mum, Cyder, and
Perry, in that Part of Great Britain called England;
and for granting to His Majesty certain Duties upon
Malt, Mum, Cyder, and Perry, in that Part of Great
Britain called Scotland, for the Service of the Year
One Thousand Seven Hundred and Thirty-eight."

Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow.

Bagenall against Dillon; et è contra.

The House being informed, "That Patrick Kearan
attended, in order to deliver in several Copies of
Pleadings, Proceedings, and Papers, in the Cause
wherein Walter Bagenall Esquire is Appellant, and
Edmund Dillon Gentleman Respondent; & è contra:"

Papers proved.

He was thereupon called in; and delivered, at the
Bar, the said Copies; and attested upon Oath, "The
same were true, he having examined them with the
Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

De Gols & al. against Ward & al.:

The Order of the Day being read, for the Judges to
deliver their Opinions upon this Question, proposed to
be put to them, after hearing of the Cause wherein the
Assignees under a Commission of Bankrupt awarded
against John Ward late of London Merchant are Appellants, and Knox Ward and others Respondents; (videlicet,)

"Whether the Commission of Bankruptcy,
issued on the 20th of November 1730,
against the said John Ward, on the Petition of George Surtees, was good and valid
in Law?"

Judges Opinions deferred.

Ordered, That the Judges do attend this House on
Thursday next, to deliver their Opinions upon the said
Question.